Based on the problem given answer the following: a. Is the contention of Gerald correct? Why or why not? b. Can Joshua recover the interest he paid? Why or why not? c. Who is the obligor
Joshua borrowed from Gerald an amount of P20,000 in money. Joshua ORALLY promised to pay it within 7 months and when he tries to pay it on the 8th month, Gerald demanded the payment of interest of 12% per annum because of Joshua’s delay in payment. Joshua paid his debt and the interest claimed by Gerald. After rethinking, Joshua demanded back from Gerald the amount he paid as interest. Gerald claims he has no obligation to return the interest paid by Joshua because it was a natural obligation which Joshua voluntarily performed and can no longer recover. Based on the problem given answer the following:
a. Is the contention of Gerald correct? Why or why not?
b. Can Joshua recover the interest he paid? Why or why not?
c. Who is the obligor
d. Who is the obligee
e. What is the prestation
f. What is the vinculum juris
g. Distinguish Civil obligation vis-à-vis Natural Obligation.
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